Allowed

Bhagwan Singh v. State of U.P.

Allahabad HC5 Apr 2019BAIL/14138/2019

Case brief

AI extract

What is this about?

In CRIMINAL MISC. BAIL APPLICATION No. 14138 of 2019, the Court granted bail to the applicant accused of murder and affray. The Court observed that while the offence is serious, the applicant has no prior criminal history and it is a fit case for bail.

What did the court decide?

Bail granted on personal bond with two sureties; standard conditions: no tampering with evidence, no intimidating witnesses, appearance in court, and no committing new offences.

Bhagwan Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14138 of 2019

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Applicant :- Bhagwan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Gaur,Bhishm Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Vakalatnama filed today by Dr. Rajesh Tripathi, Advocate on behalf of complainant is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against six accused persons, namely Arvind Kumar, Lokendra Kumar Seth, Yatendra Kumar Seth, Sunita, Bhagwan Singh and Ranviri Devi alleging that on 17.1.2019, Arvind Kumar (husband of Seema) shot fire at Deependra @ Krishna (nephew of Seema) by licensee gun of Bhagwan Singh, he received one gun shot injury, resultantly died.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except Arvind Kumar. Main role of firing was assigned to co-accused Arvind Kumar. The case of applicant is distinguishable from co-accused Arvind Kumar. Offences levelled against the applicant are not attracted in the present case. Family members of Seema assaulted Arvind Kumar and Arvind Kumar saved himself, this incident was done. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 18.1.2019 (more than two and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant opposed the prayer for bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby

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allowed.

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Let applicant Bhagwan Singh involved in Case Crime No. 20 of 2019, under Sections 147, 148, 149, 307, 302, 34 IPC, Police Station Hathras Gate, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 5.4.2019 A. Singh

Bhagwan Singh v. State of U.P.

Case brief

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Bhagwan Singh v. State of U.P.

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